Rockville Centre City Zoning Code
ARTICLE XV
Business AAA District
§ 340-76 Purpose.
The existence of certain parcels of land in the Village bordering business districts and adjoining property used for residential purposes has presented problems of the use of such parcels in conformity with the general purpose of this chapter and specifically the use of such parcels in such manner so as to blend residence use and business use with the least possible harmful effects requires the establishment of an area in the nature of a buffer zone to accomplish the intent and purposes of this chapter, which buffer zone is designated as Business AAA.
§ 340-77 Uses.
[Amended 6-10-2002 by L.L. No. 5-2002]
A.
Parking space requirements are set forth in Chart IV of the Rockville Centre Zoning Code. Chart IV is entitled "Schedule of Minimum Required Off-Street Parking."[1]
[1]
Editor's Note: Chart IV is included at the end of this chapter.
B.
In the Business AAA District, no building or premises shall be used, and no building shall be erected or altered, for other than one or more of the following uses:
(1)
Any use permitted in the Residence C District and subject to all limitations and restrictions contained therein.
(2)
Any use permitted in the Business A District except as hereinafter set forth, and subject to limitations in respect to building height, front yards, side yards, rear yards and corner plots as required in the Residence C District, and subject to parking requirements as set forth in Chart IV of the Rockville Centre Zoning Code. Chart IV is entitled "Schedule of Minimum Required Off-Street Parking,"[2] provided that the consent and permission of the Board of Appeals as hereinafter set forth has been obtained; except that the following uses are prohibited:
(a)
Theater.
(b)
Store for sale of food.
(c)
Restaurant, nightclub, cabaret, cafe or other place serving food or beverages; provided, however, that no nightclub, cabaret, or other similar use otherwise permitted by law shall be operated in any portion of a building or premises which is below street level, and no nightclub, cabaret, or other similar use shall be permitted on any premises without the prior consent of the Board of Trustees.
[Added 7-9-2007 by L.L. No. 2-2007]
(d)
Railway or passenger station.
(e)
Express office.
(f)
Funeral home or parlor.
(g)
Public garage, automobile service or gas filling station, taxi or motor vehicle station, shooting gallery, bowling alley, billiard or pool parlor.
(h)
Plumbing shop and tinsmith shop.
(i)
Storage warehouse.
(j)
Wholesale store for sale of goods.
(k)
Wholesale sample room.
(l)
Light manufacturing.
(m)
Carpet and rug cleaning.
(n)
Hotels and motels.
[2]
Editor's Note: Chart IV is included at the end of this chapter.
§ 340-78 Application for business uses; conditions.
Applications for business use of property in Business AAA District shall be made to the Board of Appeals, which in passing upon such applications must consider and be guided by the general provisions contained in Article XXVII of this chapter, and in addition thereto and as a basis for granting such application, must find that the proposed use will not create any of the following conditions:
A.
Parking problems as relating to employees and customers.
B.
Traffic problems as relating to driveway entrances and exits and as relating to the proximity of such business to public and parochial schools.
C.
That such business will not generate objectionable noise and odors.
D.
That the hours of operation will not be harmful to the public health and welfare of the surrounding residents.
E.
That such use will not interfere with the serene living of persons in the residential districts.
F.
Spilling of light on residential premises.
§ 340-79 Use change; permission required.
Any business use permitted as provided in this article shall not be changed to any other use without the permission of the Board of Appeals granted after the application for such change made in the same manner as set forth in § 340-78.
§ 340-80 Compliance required.
Any permit granted by the Board of Appeals as hereinbefore provided in this article shall be subject to termination upon failure of the owner or operator of such business to comply with any conditions or requirements that the Board of Appeals may impose for the granting of such permit. The failure of an owner or operator of a business to comply with such conditions or requirements shall also constitute a violation of this chapter and subject the violator to the enforcement procedures contained in this chapter.
§ 340-81 Combination business and residence prohibited.
In Business AAA District, no building erected or altered for Residence C District use shall be permitted to be used in part for any business purpose, and no building shall be erected, altered or used for any combination of residence and business purposes, it being the intent of this section to prohibit the future mixing of residence and business use in any single building in the district.